Protecting Your Assets In Case Your Marriage Ends
A Prenuptial Agreement Must Be Drafted With Care
You should retain an experienced family law attorney to draft your prenuptial agreement. If the process is mishandled, the agreement could be unenforceable. For instance, if you enter into a prenuptial agreement without fully disclosing material facts about your assets and income to your spouse, the agreement is likely to be invalid. Our attorneys help you design a solid agreement that meets your asset-protection goals.
What Can And Cannot Be In A Post-Nuptial Agreement
Many people are not aware that New York law allows them to contract with their spouse after the marriage to set the terms of the division of marital property and spousal support in the event of a divorce. A postnuptial agreement, like a prenuptial agreement, must be in writing and signed by both spouses.
A postnuptial agreement is invalid if it would leave a spouse dependent on public assistance after a divorce. Also, issues relating to children, including child support and visitation, cannot be included in a prenuptial or postnuptial agreement. Our attorneys draft prenuptial and postnuptial agreements that fully comply with the letter of the law.